Analisis Faktor-faktor Penyebab Meningkatnya Dispensasi Nikah Di Pengadilan Agama Tembilahan Setelah Ditetapkan Undang-undang Nomor 16 Tahun 2019 Tentang Kenaikan Batas Usia Perkawinan

Nanda, Heru Arya (2022) Analisis Faktor-faktor Penyebab Meningkatnya Dispensasi Nikah Di Pengadilan Agama Tembilahan Setelah Ditetapkan Undang-undang Nomor 16 Tahun 2019 Tentang Kenaikan Batas Usia Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

Basically, early marriage is a marriage carried out by a husband and wife whose one of the bride and groom is still under age and has not met the age limit allowed to marry according to the law. In 2019, the Marriage Law Number 1 of 1974 was revised to become Law Number 16 of 2019 concerning changes to Law Number 1 of 1974 regarding the age limit for marriage for women, which was originally 16 years and was increased to 19 years. . In Indonesia, there are rules regarding marriage dispensation, namely the granting of rights or waivers given to someone to be able to marry even though the age of the prospective bride and groom has not met the age limit for marriage. In terms of dispensation for marriage at the Tembilahan Religious Court, there has been an increase due to certain factors. The formulation of the problem in this study are, First, what are the factors that cause the increase in marriage dispensation at the Tembilahan Religious Court. Second, how are the judges' considerations and the judge's solution in overcoming the increase in marriage dispensation at the Tembilahan Religious Court after the enactment of Law Number 16 of 2019 concerning the Increase of the Marriage Age Limit. The type of research that the author uses in this research is empirical sociological research by going into the field to get some data (Observational Research). The data and data sources that the author uses are primary data, which is obtained by direct involvement in the field and secondary data, which is obtained from the library search process. The data collection techniques that the author uses are interviews, questionnaires and documentation. While the method of drawing conclusions that the author uses in this study is the method of drawing deductive conclusions, namely drawing conclusions from things that are general to specific. From the results of the research and discussion, the authors found the following: First, the main factors that caused the increase in marriage dispensation at the Tembilahan Religious Court after the enactment of Law Number 16 of 2019 concerning the Increase of the Marriage Age Limit, which was originally in 2018 there were only 20 cases and in 2019 there were only 49 cases, but in 2020 it rose to 223 cases, is due to public ignorance about the marriage law, then there are factors of pregnancy outside of marriage, education factors (dropping out of school), promiscuity factors, and the factor of a pandemic. covid-19 Second, the judge has a consideration, namely by paying attention to the benefits and harms for the parties. Meanwhile, the judge's solution to prevent early marriage is to organize legal counseling.

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